00090{
alternative means of effectively achieving the same result such as purge,
scanning and others
95.
ln the case at hand, even assuming there was need for anal search, conducting
it on a father in the presence of his children certainly added to the Applicant,s
anguish and humiliation. Such instance inevitably impacted on the Applicant,s
authority and tarnished his reputation in the eyes of his family.
96. ln light of the above, the Court holds that the anal search
conducted on the
Applicant constituted a violation of his right to dignity and not to be subjected to
degrading treatment. The Court consequently finds the Respondent State in
violation of Article 5 of the Charter.
97. The court further considers that the search performed on the Applicant
constitutes an interference with his physical integrity. As stipulated under Article
4 of the Charter, "Human beings are inviolable. Every human being shall be entiled to
respect for ... the integrity of his person."
98. The Court notes thatfull body search has come underthorough scrutiny in human
rights case law. This is exemplified among others in the case
o'f
Fr'rot v. France
where the ECHR held that systematic search, especially anal search that is not
justified and duly authorised by a judicial authority, constitutes a breach of Articte
3 of the European Convention on Human Rights.to This Court is of the view that
the same principle underlines the prohibition in Article 4 of the Charter. The
breach of physical integrity is also prohibited in international human rights
instruments as is the case in Article 5 of the Universal Declaration of Human
Rights (UDHR),17 Article 7 of the lnternational Convenant on Civil and political
Rights (lccep;ra and Article 1 of the United Nations convention against
Torture.le
16
Fr6rot v. France, op, crt Article 3 of the European Convention reads: "No one shall be subjected to
torture or to inhuman or degrading treatment or punishment.,,
17
Article 5 of the UDHR provides that "No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment."
18
Article 7 of the ICCPR provides that "No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. ln particular, no one shall be subjected without his free consent to
medical or scientific experimentation. "
,s See also the position of the lnter American Commission
of Human Ri ghts in the case of Mlgu
Casfro-Castro Prison v. Peru,25 n
mbre 20 ,s312
24
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